A LUSAKA man has divorced his wife in the Lusaka High Court on grounds that she misappropriates school fees for children and spends the money he gives her on gifts for social functions that she attends every weekend.
Lusaka High Court judge Mwiinde Siavwapa dissolved Talent Mulenga Mutale’s marriage to Charity Kalangilile, saying a man who has suspicion grounded on the fact that his wife is cheating can assume an unforgetting and unforgiving heart, making the marriage unworkable.
In this petition for dissolution of marriage filed in the principal registry, Mutale had asked the court to dissolve his marriage because he could not reasonably be expected to live with an unfaithful, financially undisciplined and deceitful wife.
He also submitted that school fees for the children fell into arrears because of financial difficulties.
“I, however, noticed that the fees remained unsettled even after providing for them in the budget. The situation caused me embarrassment,” Mutale stated.
He alleged that his wife was at one time treated for a sexually transmitted infection after she had an affair with a Congolese, Peter Kabamba, and later with a man from Itezhi-tezhi.
Mutale submitted that his wife had even admitted having an affair with Kabamba.
He stated that he had found drugs hidden in the bedroom drawer which medical experts who saw them said were for the treatment of STIs.
Mutale stated that his wife got a job and started spending nights outside their matrimonial home under the cover of overnight prayers.
However, Kalangilile filed a cross petition in which she alleged that her husband physically abused her and he failed to spend time with her and the children.
She prayed that the marriage be dissolved and that she be granted custody of two of the children, a lump sum, maintenance and property settlement.
Passing judgment, judge Siavwapa dismissed the ground of financial mismanagement as proof that the marriage had broken down irretrievably.
“It is not in dispute that strong allegations or suspicion would suffice where adultery is not the fact being relied upon…It is therefore, reasonable to understand that a man who has suspicion grounded on the fact that his wife is cheating on him can assume an unforgetting, an unforgiving heart hereby making the marriage unworkable,” he said.
Judge Siavwapa stated that his conclusion was that no reasonable person would expect Mutale to live with Kalangilile and granted them a decree nisi.